The Sun. — London, England, 1836-12-03 00:00:00

—•- - PRICES OF STOCKS THIS DAY AT ONE O'CLOCK. Bank Stock. ......... ............ 2051 4 6 'lndia Stock 25 614 3 per Cent. Red. 9 6% 3 1 'Ditto Bonds 3 per Cent. Cons. 'South Sea Stock -- 314 per Cent. Old Annuities -- Ditto Red 95 % 1 34 3i New Ditto -- New 316 per Cent. 3 per Cent. Annuities, 1751 —. New sper Cent -- Exch. Bills, .£l,OOO ...... 10 8 II pari. Bank Long Annuities to expire Ditto ....... .......500. ........ 10 8 pm. Jan. 5, 1860 14 54 9-16 Ditto Small ..................... 10 9 pm. Oct. 10, lfr.9 . - Ditto Commercial ..............2 5 dis. Jan. 5. lArio - Ditto Advertised ......... ... pm . Jan. 5, .88 1— - Bank Stock for Acc0unt........ 206 April 5, 1800 Jan. 5, 1870 —' Consols for Account 89% 8 Ouinium - 1011. THIS DAY AT ONE O'CLOCK. Peruvian Bonds — Ditto Account Portuguese Bonds Ditto AccourA — Ditto New Bonds .. ...... 44M 34% Ditto Account 44% 34:104 Ditto, 3 per cent 28% 8 Prussian Bonds Russian Bonds, 18:::2 107% Ditto Account Ditto Metallic — Spanish Bonds Ditto Account Ditto Bonds, 1634 1 8104% Ditto Account 18%1( French, 5 per cent.......,,, —.f. —c. 4 per cent. PSC. —c. _ a per cent. —f. —c. Exchange 2sf. 50r. Dutch, 2% per cent. Ditto Account Ditto, 51,er cent 993xfi Ditto Ac . count ... - PRICES OF SHARES THIS DAY AT ONE O'CLOCK. Paid. Per Share. 1% 30 6% 20% 0% 12% 2 1 ,4 2 orripan y .... 30 PRICES OF FOR',:IGN FUNDS Austrian Bonds ~ Belgian Bonds Ditto Account. ........ Brazilian Bon' Ditto Account ....... — Buenos Ayres Bonds Ditto P.ccount Chillier. Bonds Dit..o Account Colrzabian Bonds r Jitto Account Columbian Bonds, 1824...,... 215 Ditto Account Danish Bonds Ditto Account Greek Bonds Ditto Bonds, 1815 ......»••••• Ditto Account ........ Mexican Bonds, 5 per cent — Ditto Account .....»........ Ditto, 6 per cent.......• 2 154 Ditto Account ...............••• Neapolitan ..................... Eastern Counties Railway ...... (heat Western Railway Company , Brighton Railway Company Brighton ( Rennie's) London and Southampton Railway c London Grand Junction Railway North Midland Railway c ompany South Eastern and Dover Railway Cc COURSE OF EXCH Amsterdam C.F. 12 0 2 Ditto, a t sight . ..... ..... 1 2 34 Rotterdam . Antwerp ...................... 12 7 Antw 125!4 Hamburg. M.B. 13 13 A1t0na..... ....................... 13 13 Paris, 3 days' 5ight............ 25 55 Ditto 2 Us. 25 90 rkTarseilles. ....................... 25 95 Frankfort on Maine, Ex.M. 153 Petersbmgh, ruble 3 Us. 10 0 Berlin Vienna, , effeetive fl 2M.10 14 Trieste......ditto lO 14 Madrid 75% Cadiz 3 ,;74 Bilboa ^.6 Barcelona 36 Seville lO Gibraltar >mpany What says the Church of Scotland to this modest pretension ? His Majesty's packet Ranger, Lieutenant Turner commander, arrived at Falmouth from the Tagus on the Ist inst., whence she sailed on the 27th ult. with letters and papers from Lisbon, bearing date the day preceding her departure. The capital was then tran quil ; the inhabitants appearing to wait with breath less anxiety the result of the elections. The Royal Decree, suspending the operation of that part of the 34th Article of the Constitution, which permits no Deputy to accept the office of Secretary of State, with out going through the formality of a re-election by his constituents, nearly led to another insurrection in the capital. Ministers had not sufficiently attended to the jealousy of the public mind when they sanctioned the promulgation of such a decree immediately after the affair of Belem. The instant it appeared, the National Guards assembled in groups, and a whisper of treason was heard in every direction. The timid and irresolute are encouraged by the sound of their own voices. A public meeting was called, at which the Civil Governor Senhor CALDEIRA presided, which was thronged by crowds of National Guards. It was proposed by an officer present that the Guards should take an oath against permitting the slightest change in the Consti tution without the previous consent of the Cortes, and that a petition to the QUEEN should be got up, pray ing her Majesty to dismiss Senhor PASSAS from the Ministry. This resolution would have been car ried but for the firmness of the Ministers, who signified to the meeting that if such a course were recommended, they would retire at once with all their subordinates, and leave the country to its fate. This declaration cooled the ardour of the National Guards, especially when the ringleaders found that more than two-thirds of their body had openly espoused the side of the Go vernment. They, therefore, did the best thing they could do under these circumstances—they affected to be satisfied, and departed without coming to any hos tile determination. LNGE YESTERDAY. Leghorn _ 47_1‘ „ Genoa 25 95” Milan 11 Venice 47 Naples 4O Palermo per oz. 121 Lisbon 54 Oporto 5 4 ,4 Rio Janeiro 'l4 Bahia Buenos Ayres Dublin, 21 days' sight l% Cork l% PRICE OF BULLION, PER OZ, Portugal Gold, coin £0 0 0 Foreign Gold, in bars 3 17 9 New Doubloons 0 0 0 New Dollars Silver, bars, standard 0 0 0 PRICES OF IRISH STOCKS, DUBLIN, DECEMBER 1. 3 Per Cent. Consols 87% Grand Canal Deb.. 6 per cent. 88 Ditto Iteduceti — Ditto, 4 per cent 59% 31 4 per Cent. Stock 95% Harman Bank Ditto New, 1830 96% City of Dublin Steam Co. llO 3',; per Cent. Debentures 89% National Insurance Co. — Rank Stock 205 City Debentures; 4 per cent._ -- Royal Canal Stock Ballast Office Debentures, 4 Grand Canal Stock 27 !,4 ner cent Arrived. Due. 0 America 0 0 Brazil 0 0 BuenosAyres 0 n Cartliagena 0 1 Dublin... ..... 0 0 Flanders 0 While the national guards, by their absurd jealou sies, are thus distracting the attention of the Govern ment in the capital, the spies and emissaries of Don MIGUEL are hard at work in the provinces, sowing the seeds of a Royalist insurrection. In the Alem tejo a spirit of disaffection is already visible among the troops ; and the guerilla chief REMECHIDO, instead of being hunted out of the kingdom, has actually so increased his followers, as not to dread an engagement MAILS. Arrived. Due. Arrived. Due. 0 France 1 1 Lisbon 0 0 Cluern.&Jersey 0 0 Malta 1 Hamburg 0 0 Mexico 0 0 Holland 0 Jamaica 0 0 Sweden 0 0 Leeward Islands 0 . 1 Waterford 0 lIIGH WATER AT LONDON BRIDGE TO-MORROW. Morning 4 minutes after 10. Evening 34 minutes after 10. FOR SALE BY PUBLIC AUCTION, At the Hamburg Coffeo House, Water-lane, Tower-street, on THURSDAY Bth, and FRIDAY 9th December, at Twelve for One o'clock precisely. THE following WINES and SPIRITS, princi pally without reserve,. to REALIZE ADVANCES. 100 Butts, 52 Hhds. and 35 Quarter Casks Sherry ; 49 Pipes, 19 Mids., 4 Quarter Casks, and 8 Casks Port. Madeira, Cape, Blarsala, Tent, &c., in Wood. 1,171 Dozens old bottled Port, 966 Dozens Sherry, 26 Cases Champagne. Bucellas, Lisbon, Hock, Malmsey, &c., duty paid. 24 lllids. Brandy. Particulars and Catalogues of SAMUEL LANCASTER, Wine and Spirit Broker, 59, Mark-lane. HAMBURGH, Nov. 15, 1836. OUR Friends, and all those who may have to write to us, arc requested to be particular in directing. HEINE BROTHERS, in HAMBURGH, and to observe, that a letter with oae inclosure doubles the Postage only, but several inclosures would by far increase the same. Thus 101., 201., or 30/., for instance, if remitted in One Bank of Eng land Note would only cause double Postage, but 10/. remitted in two notes, would be liable to a much higher charge. It is there fore most advisab;e, for any Person having to remit Money to Ham burg'', to forward the amount in One Note; or having to receive Money from Hamburgh, to receive the same in One Note, when ever possible. Of coarse remittances from Hamburgh to England, surpassing the usual amount of One Bank of England Note, may rather he made in Bills of Exchange, on London. To save expenses that may as well be avoided, we request our Correspondents not to overlook these particulars. HEINE BROTHERS. The publication of TUE S'N NEWSPAPER commenced this dap at 10 minutes past 77zree o' clock. 4,etr, NC • ~,.;.,_ )1 LONDON, SATURDAY EVENING, DECEMBER 3, 1836. It will be seen by a proclamation in the Gazette of last night, that Parliament is summoned to meet on the 31st of January, :As stated in The S?ta of Wed nesday last. The great meeting of the Reformers of West SO ITICrSetSII;.;t: lately held at Taunton, has created - no small degree of alarm among the Tories of that dis tr;.ct,—an alarm which is rendered only the more evi dent by the great pains they take to conceal it. Like bullies by profession—a class of persons with whom the Tories may be said to be identical in character— they " assume a virtue which they have not," and labour hard to disguise their mortal fear of their anta gonists under the outward appearance of bluster and braggadocio. The only species of courage with which they are ever animated is that denominated Dutch—a miserable substitute, it will be allowed, for the ge nuine English article, and no where, we should think more in demand than among the well-drubbed dunder heads of the party in the western parts of the county of Somerset. with small detachments of the regular troops. On the 18th ult., a steam vessel approached the coast of Al garves, laden, as was supposed, with military stores, and having either the Pretender, or some officer in his confidence, on board. Before touching the coast she was seen by a Portuguese schooner, the Captain of which had been apprised by the Government of her in tended descent and object. He at once gave chace, but night coming, the steamer escaped by reason of the darkness. Nevertheless the event has caused a great deal of uneasiness to the local Authorities, as well as to the QUEEN'S Government. Nothing can give se curity to Portugal, but unanimous energy on the part of the Constitutional Cortes. As many of the CHANDos-clause voters as could be got together by the usual means, which we need not further describe, were packed into the dining room of one of the inns in the small town of Ilminster, on Thursday last, where they guzzled " till a late hour," and the trumpet has in due time been sounded that a " great Conservative Meeting" there celebrated the triumphs of Toryism in the West ! This tuck-out differed in nothing from the other exhibitions which the factions opponents of Government have been so bur. i n getting up, for the purpose of giving a colour of verisimilitude to their own cackling about " re-ac tion," exceptin g in one particular, which we think worth mentioning. A few poor farmers who had for merly professed liberal principles, were on this occa sion dragged into the room by the orders of their mer ciless landlords, placed at a table by themselves, and labelled in mockery " converts." These unfortunate men sat with heavy hearts and woful countenances, conscious of the degrading spectacle which they af forded, but unable to resist the oppression of which they were the victims. Three speeches were delivered in the course of the evening, the first by the Hon. and Rev. W. T. T a brother we believe of that exquisite "tribuneesthe peopl e f o t p h l e e people," Lord ELLENBOROUGH) who does the honour of consuming the fruit of their labours to the tune of nine thousand pounds a year, without having done, or doing, anything in return. This scion of the Church vented the enmity against liberal principles which is his by a double tie, both by descent and by profession, in a very vulgar and common-place strain. What amuses us most is the following passage, which we think is no bad answer to the cry of " the Church in danger :"--(c It was presumptuous for one moment to entertain the idea that the ark of GOD was really in danger —much less liable to destruction ; but still they must all feel that it was a most cheering and grateful sight to see those who were nursed by her in infancy and youth rallying around her, drawing a line of wide defence around her." THE FUNDS.-(THIS DAY.) CITY, TWELVE O'CLOCK. Our arrivals this morning arc the French and Hamburgh mails, and ship-letters from Demerara, St. Helena, Bombay 16th July ; and the Lisbon mail, by the Ranger, sailed the 27th Nov. We have received Charlestown Papers to the 6th Nov. They state that " the wholesale business in dry goods, hard ware, and groceries, partially interrupted . by the prevailing epidemic, may now be considered as having fairly commenced, as the health of the city is perfectly restored. The stock of all descriptions of goods were never so extensive as at the pre sent time." Exchange on England is looking up. In the north it re mains very scarce, and for Bills on New York, 20 days sight, 1 per cent. premium are demanded. The Hamburgh nnil brings the prices—Metalliques, 1014 ; - Three per Cents., 72. The idea of defending that which is not in danger is a bright one ; but it is nothing compared to the comparison of old Mother Church to a nurse. If it be the province of a nurse to suck her children—aye, and not unfrequently the very heart's-blood of her children, as Ireland can too well bear witness—then this novel appellation is in the highest degree ap plicable. But this is not all—she is not only an old nurse, but the "fairest daughter of the reformation." THE SUN, LONDON, SATURDAY, DECEMBER 3, 1836. ante to the feelings of the party as well as the injury which he had sustained. They would not fail to remember, that, this attack was made in the broad daylight, at the house of the plaintiff, where he was carrying on his business—where he hoped to be in security and peace—that which he con sidered as his home, and in which he delighted, was invaded and taken hostile possession of. They imprison the plain tiff and perpetrate this most outrageous attack. They had begun it in malignity, and from them, in the commission of the peace, they might have expected respect to the laws. As magistrates, they were bound to repress outrage—yet they would be proved to have been the originators and instruments of the most cruel barbarity. Instead of defending the laws, they are found trampling upon the rights of the plaintiff, breaking into 1 his house to execute that which he would not call otherwise .. ... than a_ deed of disgusting ferocity. The third ruffian to whom he had before alluded, told the witness whom the the JuWwould have before them that his friends were only asking for redress for injuries inflicted by the plaintiff upon them. Certain it was that that man was the avowed friend of the defent.lants, and he trusted the Jury would take his conduct into consideration when they were consi dering of the damages. Even in the lowest rank of Eng lishmen, there was scarcely a man to be found who would strike a man when he was down. There was no man of education but knew that it was the noblest action to spare a fallen foe. In this case it would be shown that while the plaintiff was on the ground—while he was at the feet of Mr. Grantley Berkeley—he struck him without the smallest chance of retaliation. The verdict of the Jury was of the greatest importance to the plaintiff and to his numerous friends. He (Mr. E.) hoped they would be ample, so that people might be aware that they might obtain ample redress from the laws of their country, otherwise every tradesman must take means to protect themselves. He trusted the Jury would show their sense of the defendant's conduct, of this trampling on the laws by magistrates. The defendants were members of a family which had very large pos sessions, and he was informed the defendants themselves were wealthy ; so that the verdict would not hurt them, while it marked the sense of the Jury of the gross out- rage which had been committed. He then called Samuel Brain, a builder of Upper Gloucester-place— On the 3d of August last he was passing Mr. Fraser's shop in Regent-street. it was between one and two o'clock. He heard a person crying for help, and heavy blows being struck. He looked into the shop•door, and saw Mr. Fraser on the ground, and Mr. G. Berkeley beating him about the head and shoulders with a whip. The defendant was holding the plaintiff down by the col- far with one hand and beating him with the other as vio lently as he could give them. He was a tall, powerful man. • Mr. Fraser was a slight made man, of small stature, and no match for Mr. Grantley Berkeley. There was a man standing across the door. Witness exclaimed—" Good God, the man will be killed ! let me in." On attempting to get in, the man knocked him down. On getting up, he succeeded in getting into the shop. Inside the door Mr. C. Berkeley was stationed, and was saying, " Damn him, Grantley, give it him well." When he got in Mr. F. had got on his feet, and Mr. G. Berkeley was behind him, holding him by the hair, and striking him over the head and face, and he was bleeding very much from the temple down. Witness saw Mr. Fraser put up his hands to protect his eyes, and they were cut open and bled with the blows. Witness asked how Mr. B. dared to use a man in such a brutal -manner ? He did not cease flogging, and witness seized him, and they had a struggle. He thought they both fell, and Mr. F. escaped, so far as he knew. The man who struck him down at the door picked up witness's hat, which had fallen off in the scuffle. He picked it up, and presented it to Mr. G. B. Witness said, " That is my hat, and you are the blackguard who struck me down." The man, in the hearing of Mr. G. 8., said, " I will strike you again for interfering with my friends when giving a d—d good horsewhipping to the man in the shop." The Messrs. B. were given in charge to the police, and they were taken to the station-house in Vine-street. Witness asked the policeman to take the third person into custody, and both the Messrs. B. said he was an interfering scoundrel, and they would thrash him with the whip. Witness followed the third man, who was making off, he got off, as no policeman would take him, not having seen the assault. He had seen the whip on the road to the station house—it was a very heavy riding-whip—the heaviest he had ever seen, except in the hands of the Guards when breaking in their horses. He heard from forty to fifty blows before he got into the shop, and Mr. F. was crying out help—mercy, and murder. When witness saw him, be was very much hurt, and the blows he saw struck were given with as much violence as Mr. G. B. possibly could. He had never had any acquaintance with Mr. F. before. Cross-examined by Mr. THESSISER-He knew there was such a work as Frazer's Magazine, but he had never read it. He was not one of the weakest of men, and could push aside the arm of a very strong man under such circumstances. He did not hear either of the defendants charge Mr. Fraser as being a libeller of himself and mo ther. Nothing was said while the beating was going on which gave him any reason for it. Had had no conversa tion with Mr. Fraser upon the subject of the cause of the violence. Witness Lad nothing to do with it, and made no inquiries about it. Mr. Craven Berkeley prevented per sons from earning into the shop, but he could not say whe ther he struck Mr. Fraser or not. Matthew Richards—l am a shoemaker in Wells-street. On the tld of August I was in Regent-street near the plain tiff's shop. I did not know the plaintiff, but I knew the persons of the defendants. I heard a noise at the defen dant's shop, and approached the door. I saw Mr. Craven Berkeley standing in the door, Mr. Grantley Berkeley was in the centre of the shop, and Mr. FraSer lying on the ground. Mr. Berkeley had hold of him by the back pert of the neck or hair of his bead, and was beating him most violently bath with the but and slash end of the whip. I saw from eight to nine blows, and during all this time Mr. Fraser was attempting to rise, but Mr. Berkeley would not let him. I saw large bloody marks on the side of Mr. Fraser's face. The whip was a very large one, such as horseriders use. Fraser was calling out " help for God's sake," and several persons were outside, one of whom at tempted to get in, and was struck violently on the breast and pushed back. A person got in, and Mr. Fraser was standing near his desk. Mr. G. Berkeley still continued horsewhipping him. When the person got into the shop, Mr. Fraser made his escape from Mr. G. Berkeley, but as soon as he reached the door, he was violently struck back by Craven Berkeley, and Mr. G. Berkeley again caught hold of him by the hair of the head, dragged him into trio middle of the shop, and again horsewhipped him most violently over the head and face, Mr. Craven Berkeley cried out " D—n it, Grant ley, give it him—give it him well." Mr. Fraser at length got out of the shop, and Grantley Berkeley followed him into the street, exclaiming, " D—n you, I'll cut your d—d head off," striking him violently over the head with the but end of the whip. The two defendants are very powerful men, and Mr. Fraser's strength was no more than a young sucking- baby compared with them. Cross-examined by MreCeownea—There was a crowd collected in a few minutes round the shop. When witness first saw Grantley Berkeley, the whip was under his left arm, and he was striking Fraser with his right fist. I can't swear who the person was that was struck on the breast. Craven Berkeley struck the plaintiff with his fist on the head only once, and that was after the person attempted to get into the shop. I did not hear Grantley Berkeley charge Mr. Fraser with having libelled him. I saw Mr Fraser afterwards, but he did did not tell me what Mr. Berkeley had horsewhipped him for. By the CouRT—I saw one man at the door before I came up ; he was lurking about the door, and struck a man who attempted to get in. John Davis—l am an oilman, residing near the Edgewarc road. I was coming up Regent street on the day in ques tion, and saw a crowd. round Mr. Fraser's door. Mr. Grantley Berkeley, who was inside, had hold of Mr. Fraser, who was coming out of the shop, and was striking him over the head. Witness caught hold of the whip, and asked Mr. Berkeley what he was doing ? Mr. Grantley Ber keley said, " Mr. Fraser had offended a lady, and he was serving him out for it. I could not get the whip out of his hand, but would not let it out until a policeman came up, and was afraid I might get a blow myself, as he was in such a passion, and appeared as if he did not care if he killed the man. I only held the whip half a moment, when a policeman came up. Cross-examined by Mr. THESSIGIR—I said he should not take the law into his own hands, as there were other means without using that violence. I did not go to the station-house, the policeman having told me there were plenty of witnesses without me. Mary Lane—l am servant to Mr. Fraser, and recollect the day he was beaten. I saw him after it occurred, betw een t w o and three o'clock.He appeared very unwell ; his face, head, and hands were all marked. He bad a convul sive fit immediately after he came home, and about an hour afterwards he had another fit. He appeared to suffer much pain, and was confined to his bed till Sunday, and even then was very unfit to come town. He is by no means well now. He went to France in about three weeks or a month, and was absent perhaps a fortnight. Cross-examined by Mr. CROWDER. —The doctor - came after Mr. Fraser had the first fit. I think it was the last day of August that Mr.' Fraser went to France. Mr. Fraser went out of town in a week or ten days after the as sault. He was ordered to leave town by his medical at tendant. Mr. Fraser was not able to go into the shop on the following Monday ; he was very much disfigured, and the marks and cuts were visible for a month afterwards. Re-examined.--After being a week in the country, he returned to town, and was then ordered to go to France. Mr. THESSIGER then addressed the Jury for the defen dants. He was perfectly astonished at the sudden termi nation of his Learned Friend's case, after the most minute ~, the history of his house. Why, may we ask him, is his eldest brother pitehforked into the House of Lords by the ti l tle of Lord Segrave ? Why does he n ot sit there as Ear details of the sufferings of the plaintiff, which had been ex posed by him, and the necessity that existed for medical treatment for a considerable period of time. His Learned Friend had now left his case, so far as the extent of the in jury went, merely upon the evidence of the servant-girl who had been examined before them. Did it not appear to them now, that his Learned Friend, in his very powerful address, had considerably overcharged his statement ? Even the witnesses called did not reach the point to which he had carried the Jury, and he thought they would be of opinion with him, that if a little more candour, and a little more honesty had been exercised in a case which his Learned Friend had described as a most important one, it would have been more fair towards those who were to be the judges on the present occasion. If it had not been for the evidence of the oilman, the Jury would really have had no information at all as to anything like provocation to in duce the violence complained of, and they would have to believe, and on that belief they would have acted, that the two Messrs. Berkeley went to the shop of Mr. Fraser before that time, a perfect stranger to them, no circum stance having occurred that would justify any irritation in the minds of those gentlemen, but that they malignantly and deliberately went into his shop for the purpose of inflicting personal chastisement on that stranger for no conceivable offence that he had committed. Now, that was really the way the case was put by Mr. Fraser, who was seeking to recover large damages for the injury inflicted upon him. He (Mr. Thessiger) would say that it would have been but justice to the jury and the public, to whom his learned friend in the course of his address had appealed, if Mr. Fraser or his instructors had been a little more communicative on the subject of what. had occurred in the shop at the time of the assault ; and if the dexterity of his learned friend had not been so embarked in the cause as to give a colour to it, to prevent the jury giving a correct judgment. His learned friend had almost taunted him to shew what occurred in the shop at the time the offence was committed. He challenged him to shew what bad passed before the Magistrates, but he (Mr. Thessiger) might retort upon him. It was Mr. Fraser's case—he was seeking reparation in &- masses for an unprovoked injury, and if he was not appre hensive of anything turning out in that statement to lower the tone of his case, Mr. Fraser might have called the Ma gistrate before whom the inquiry had taken place, and might have given in evidence what had occurred there be fore the defendants. But here was the extraordinary pre dicament in which he placed the defendants. They were to give an account of what took place before the Magis trates, and they were to give, as part of their case, the statements that had been made there. One would have thought it more natural that the plaintiff should have given that evidence if he thought it important, and it was rather preposterous indeed to call upon the defendant to explain those circumstances. He did not complain of the plaintiff having made Mr. Craven Berkeley a defendant as well as his brother. It was quite cloarjthat the evidence fixed them both. But he did complain that his Learned Friend, hav ing the means in his power, had prevented the truth from breaking in upon the jury, and had attempted to pre vent the gross end violent provocation which led to the violence upon Mr. Fraser from being made known to them. It was important that the jury should contrast the evidence given with the powerful and eloquent statement of the wrongs of Mr. Fraser, because it did appear to him that a more exaggerated detail of alleged outrage was never presented to a jury. His Learned Friend was bound to give the evidence of the medical witnesses by whom the plaintiff had been attended, in order to show not merely the immediate consequences of the assault, but also the remote consequences existing even at the present moment, and undermining his health. They had undoubtedly an account of a very severe assault committed by the defen dants on Mr. Fraser ; and they had not cross-examined with any anxiety the witnesses upon that subject—they had almost conceded to his Learned Friend that the assault was committed, and he must have known that that was not the struggle between them to-day. From the first to the last the defendants admitted they had committed the assault, but from the first to the last they had asserted that they committed it under strong provocation, which, to a considerable degree, justified the conduct they had pur sued. It would be, therefore, his duty now to explain the circumstances which had been hid from them by his Learned Friend, and to inform them what had induced the Messrs. Berkeley to go to the house of an entire stranger, and conduct themselves in the manner detailed by the wit nesses; and he trusted in the result to satisfy them that, how ever violent their conduct was, however serious the conse quences to Mr. Fraser, the provocation they received, emanating from Mr. Fraser himself, would at least form such an extenuation of their conduct, as that the jury would be induced to give the smallest damages that could possibly be awarded in cases of that de scription. They had heard that Mr. Fraser was the publisher of a Magazine which went by his name, and which had a considerable circulation ; and his Learned Friend, anticipating what the course to be pursued by the defendant's Counsel was, had ingeniously .endeavoured to obviate the effect of such evidence, by exonerating Mr. Fraser from any responsibility in the article which led to the assault, making him a most innocent party. His Learned Friend, as a lawyer, was bound to admit that the publisher was liable for the legal consequences of every thing he published. He (Mr. T.) would advance his proposition a step further, and say that a publisher, placed as Mr. Fraser was, incurred also a moral respon sibility, because the publishers of Magazines and Reviews were distinguished from the editors of Newspapers in this way ; he was a person who had a considerable degree of discretion as to the articles to be introduced into his pe riodicals ; he had various contributions before him, and made his selection ; lie was never called on in a m oment of haste—in order to fill up a portion of a column like the editor of a newspaper—to publish anything on the spur of the occasion. The periodical being published at distant intervals of time there was abundant opportunity for com paring and selecting the articles, and it was his bounden duty, as the editor of such a work, to take care that, in the dis cretion he exercised, he should select only such articles as should not justify any irritated feelings in consequence of personal and scurrilous attacks upon individuals. The difference between the author and the editor of a work of that sort was, that the author might be instigated by motives of malignity, the editor had no malignant feeling in his mind, but he also had his motives, and — who could justify them ?—ho had the sordid views of interest. He had to select articles of that description that might recommend his publication, and pander to the depraved taste of the public for scurrility and abuse. He had his own choice of the articles, and if he failed to exercise care and caution, ho (Mr. T.) had no hesitation in declaring his decided conviction that he was answerable for all the consequences of that foul calumny which he per mitted to be introduced into his work. (The learned Counsel was here about to read the article which led to the assault, but this was objected to by Mr. Erle, and after a lengthened discus sion the Learned Judge overruled it, taking a note of the objec tion.) Well, his Learned Friend was about to make the office of a jury a complete sinecure. They were to be de livered, bound hand and foot, to the plaintiff's witnesses, and " listen to the voice of the charmer," and decide in the dark upon the extent of the injury inflicted on the plaintiff. Their functions would be a mere farce if they were not allowed to exercise their judgment on the whole matter. He (Mr. T.) could not see why his Learned Friend desired to keep away all the circumstances which had led to the assault. Rivetting their attention on the extent of the injury which Mr. Fraser had re ceived, and completely keeping away all the circumstances it would be now his duty to introduce to them. It would appear that before the month of August last Mr. G. B. became an author, and published a book entitled " Berkeley Castle." Upon that subject certain propositions had been introduced, and upon which he was ready to meet his Learned Friend. No doubt when any person enters the field of literature, he sets himself up as a mark for the judgment of other men, and becomes in a mea sure public property. His work and his character as a writer are matters which he must submit to have en quired into as the inevitable consequences of the ambition of an author. He cannot complain, therefore, if even se vere, illiberal, and unjust criticisms should be pronounced ; the only Court he could appeal to is the judgment of the public, and they will either sanction or condemn that opi nion. So far, therefore, he agreed with his Learned Friend, that when Mr. G. B. entered the arena of literature, he was there like a gladiator, and must submit to the public judg ment upon the contest between him and the public, and from that judgment there was no appeal. It was quite immaterial what were the merits or demerits of Mr. Berkeley's work. If his Learned Friend could satisfy them that the article assailed Mr. Berkeley solely in his character as an author, that it did not follow him into domestic life, and did not re vile and calumniate his family, he (Mr. T.) admitted there was no extenuation for his conduct. The jury should de cide for themselves whether the article in question was of a nature to offer no excuse to the defendant, or whe ther it was not the most false, the most scan dalous, and the most malignant libel that ever came out of a licentious Press. The article was published in " Fraser's Magazine" of the Ist of August, and fell into the hands of Mr. G. Berkeley on the 3d, and was called " Mr. Grantley Berkeley and his Novel." He would not read the whole article to them, but only a few extracts ; and he would ask them whether, smarting under such pro vocation, if he was not justified, was he not co nsiderably excused—and if the plaintiff had not, by introd ucin g cles of that description into his Magazine, brought upon himself all the consequences that had occurred ? The p ar agraph was this :—" Here is Berkeley Castle lying on the table before us." " But in the present case how absolutely disgusting is the conduct of Mr. Grantley Berkeley. H e should have been among the last people in the world to call public attention to Berkeley ?" What right had the publisher thus to torture the brother of Mr. Berkeley ? Was it not the most cold-blooded and deliberate torture, like that of the Indian who had his victim at the stake, searching, with refinement of cruelty, where he might inflict the keenes t torture ? Whoever wrote the article must have known the sort of chivalrous feeling that had induced Lord Segrave to abstain from as suming that title, and he must have known the whole family would have been goaded to madness by a paragraph of that nature ; and, he would ask them, was it possible for human nature to refrain, when so malignant and gratuitous an ar ticle and a libel were published, tending to provoke the very breach of the peace that was now complained of. The article proceeded : altr " We are far from being desirous to in sult, as the py author of this hook does, the character of woman ; but when matters arc recorded in solemn judgment, there car. be no in delicacy in stating that Mr. Grantley Berkeley's mothe r lived with his father as his mistress, and that she had at least one child before she could induce the old and very stupid Lord to marry her." Even if the article stopped there, it would be sufficient provocation for the injury that had that day been com plained of ; but that was not half the matter. It proceeded, " It is idle to break such a cockroach as this upon tho wheel." Mr. Berkeley did not complain of that. They aligh t consider him contemptible and call him cockroach or butter fly, but the context would show what the intention of the party was. The Counsel then proceeded to read another para graph, in which the defendant was charged with heir], ready to lie and pimp if commanded by his superiors, an dw seeded :—Here was a gentleman, a magistrate, as h is Learned Friend had stated, holding not merely his M a j esty's commission of the peace, but also a commission in the army—a profession peculiarly sensible to any attacks upon honour—who was charged clearly and distinctly by this foul libeller with being quite ready to be a lia r, sn, to pimp if commanded, or if any advantage could be obtained by it. Could they conceive a more disgrace fully degrading observation, not against his characte r as an author, but as a man and a gentleman ? Not only was his mother assailed in the most unjustifiable way , but be was himself stigmatised as a liar and as a pimp . would new advance a step further, and show that, in no v ery measured terms, they charged him with being a cow ard ' for they described him as a person who would insult a ladywhen she only was present ; but if a gentleman ma de lus appearance, that he would submit to the indignity of be ' kicked out. The article, after adverting to the dedication to the Countess of Euston, cousin to Mr. Grantley I3erke ley, a lady against whom the breath of calumny had never dared to whisper the slightest word, proceeded—" Dar e tb° man, in writing to the Countess of Euston— " But does the man, in writing to the Countess of Eu steu ; that she is one whom he bath ever regarded with affect ion, mean to insinuate that he was ever placed in a position to be able to use, without the most absurd impertinence, the follow ing quotations from his work." The article then culls from the three volumes of the work expressions describing the manners of the fifteenth century, which it places immediately afterwards, so as t° lead one to suppose they were addressed to the Countess of Euston, as follows : " That his undisguised friendship trembled on the brink O f love'—and that taking advantage of certain situations is no t in human nature to forego.' It is a downright affront. Th e / call Lord Euston the thin picce of Parliament ! Coul d ho not borrow a horsewhip ? We assure him he might exercise it with perfect security." What situation did the plaintiff now stand in? Here was 3 man stigmatised in the most degrading manner, by coward who would not put forth his strength ag ainst the most diminutive person in existence, and a horse' it whip was recommended to be used against him as might be with the most perfect impunity, and yet that verl, p e rson comes now into Court to ask for damages agains t thau individual, forhaving followed his advice, and used th e horse' whip on himself? Was there ever such an impudent at t em pt made in a Court of Justice ? After an 81 3 1 )e ` . " of that sort which might induce Lord E uston to belts l there was something which cast that stigma upon hii n, an which might have led not to the use of a horsewhip, bu t t° more serious consequences that were probably in the coote ni " plation of the writer, the hired and anonymous writer, if the re be such, after heaping insult upon insult, and calumny all`r calumny—after recommending violence , had he now the impudence to present himself before a jury of his country' and demand most extravagant and exorbitant compensa tion ? On casting his eye to another passage of the Mal: ac eine, he found an allusion made to some violence vvhie had been offered by a celebrated tragedian to an tor; under circumetances, as the Jury would reco llect, of n° half the provocation of the present case. M r , Fr sr ,e, observed that although on reflection Mr. Macready raign regret he had been deprived of his self-mastery, he trusted Drama the result had produced an effect upon the which might yet continue its salutary operation. Il i ' Mr. Thessiger, would say in the present case, al: t though, on reflection, Mr. Grantley Berkeley might regre: he had been deprived of his self-mastery, he t r usteo, the result would produce an influence on the fortunes e t the Press which might yet continue its salutary o p e ratioa• —(Much laughter.) Although it was by no means t h° duty of the humblest minister of justice to countenance any degree of personal violence, yet he (Mr. Thessigeg could not help thinking, that if the salutary terror ect immediate personal chastisement hung over the hear," libelle rs o f the Press, they would have less scurrility, wit' more careful attention to their own duties and the rights individuals. Those persons care little for the tardy ve, fy geance of the laws. What compensation was it for the ' 0 ; jured individual to be told to wait for the trial, and all°, his injuries to be gilded with damages. The injured Part; too often shrunk from bringing his private affairs be fell ' the p u bli c , b u t if the libelers felt that immediate punisl:t went would follow, how many of the disgusting libels tb new degrade the Press would be excluded from light? such cases the law would look at all the cireuln: stances, and make allowances for the infirmity of litu n r o naturc—it would look at the provocation and conduct of the person seeking compensation for the injury, and it would ask if he himself had be en t to occasion of that injury of which he now chose r complain ? He admitted that the injury to Mr. F rns f e y was a serious one, that he had received severe sumilin., chastisement, that the marks remained for six weeks 91 7° 0 0 him, stamping him as a punished libeller ; he admitted that, and yct Mr. Fraser now chose to appear, before a .. Jury of gentlemen to receive compensation at their hall bs, His Learned Friend had said that that libel was the 0.t.110 jest of another action, but nothing was ever more ir regw to than that observation. That had nothing at ell, ha v do with the present case. The law had held that a libel was a criminal action, because it led to bfea e- ,, - 0 of the peace—the law had defined, that the 01 ;" who punished a libeller was a criminal, because it led net, sarily to the offence of which Mr. Fraser now comp ht It was true that Mr. Grantley Berkeley had brough t .' l , O action for the libel, but he would have been content to left the account where it stood, before Mr. Fraser had breuigo•s his action. On the one hand there was a gross scand a° pot libel ; on the other there was severe summary punis ht r4 i - er —there was the reckoning—there was no balance eu rr e ' t , - e re side—there it was," errors excepted."—(Laughter.) it would have lain if Mr. Fraser had not opene d a Iter, account in the jury books—and Mr. Grantley keley was entitled to come to the other side, and seek dit for the libel. Lord ABINGER—I think the accounts should be taken the same accountants.—(A. laugh.) IsLions"` Mr.Tnessmea only wished that the two gu t ting could have been consolidated, and that the jury P o ther, the libel in one scale and the assault in the we re to ascertain if a farthing would turn it. un lic tunately, however, the rules of law prohibited . , would now with the most entire confidence refer the it wly, matter to them. His Learned Friend, in his reply, would endeavour to fix their attention again Po the serious injury which Mr. Fraser had rec eived, an, oo might be that Mr. Berkeley had been c arried be a ) blc , his original intentions ; but who could be answ e t ike or who could contain himself in such a case ? le f as t ni ; where one would the plaintiff could not be p The Jury had now in some degree the ot her side °I t his account. His Learned Friend had observed that,n sir cu a most important case for Mr. Fraser, and person s l _ se to cumstances like him. It was also a most important 00_ his those likely to be affected and calumniated by person b s e t_ on , description, if they found their wrongs would not e c _ it h sidered by a Jury, and he would leave the cas w entire confidence in their hands. solicit°r4 Charles F. Cundy, cl erk to the defendants u ..st, proved the purchase of " Fraser's Ma g azine for at the plaintiff's shop on the 4th August, the day after assault. fter tho read, on the ground that it was a publication a assault. Mr. KELLY, for the plaintiff, objected to the artido being Objection overruled. Mr. Moves, printer of Fraser's Magazlne , the last day the Monthly Numbers were generally ready for pub' of the previous month—that for August was ready lication the last day of July. lir Vie in Fraser's .eetiga The publication of the alliged libel was proved, and the libel read. man ly•Whenever a Mr. ERLE then proceeded to rel . ) • h he beeatn e brought himself before the p ublic as an Tit or .1 Liss the a right to Lase public property, and a reviewer had t what was none merits of the author's work ---to poinnt,o(hown w hat wa s L " . d . ' • deposed that tious in point of morality, and to,ebdri e I herever a reviewer t at w r je, by Lord Ellenborough, was, ted to be a re.► one written upon a work which purpo rogant in point of assume founded er were and where the remarks of the review the law, as cstablishheas THE FUNDS. There was some improvement yesterday in the Exchange on Paris—at 25 50 and 25 85 —at 3 months, Antwerp; Ilamburgh, Vienna, Trieste, and Genoa, show an advance. There was much activity y esterday in the Consol Market, and Consols for January closed at 88 to. The conduct of the Bank Directors in giving their assistance to a certain Country Bank, has met with the public appro bation, as they have prevented a very great evil; for if. that Bailk had stopped payment, it would have been the cause of numerous other failures. We stated yesterday that an express had arrived from Por tugal with unfavourable accounts. The Lisbon mail, which has arrived, confirms our report, It appears that much dis affection has manifested itself among the troops in the Alem tejo, contrived by the agents of Don Miguel, who were well supplied with money to buy them over, and which has been attended with considerable success. Consols opened this morning at 88 to 88i for the January Account; Reduced may be quoted at 867,- 87i; Exchequer Bills, 9 11 ; India Bonds, 9 11 ; Bank Stock, 205 206 ; India Stock, 2551 2561. In the Foreign Market, Spanish Active, 18#. i; Passive, 5-,} -I.; Deferred, 7-a ; Portuguese heavy, at 44441 ; Three per Cents., 281; Colombian, 211; Mexican, 211; Dutch Two-and-a-Half per Cents., 531 HAMBURG BORSEN HALLE, Nov. 59. Bills. Money. Austrian Metal liques, 5 per cent. Ditto ditto 4 per cent. — Ditto ditto 3 per cent. Ditto Bank Shares 1330 1:12.8 Anglo-Russian Loan 102% 102 q Paper Inscription, 6 per cent — Russian 5 per cents. Metal. Russian Inscription, Hope and Co., 3d and 4th Series Ditto, Certificates jr.Bonds, 5 per cent — 29% 27 Dutch .44 per Cents. Ditto, nrtu g 11 3 es pere Regency c ent. Ditto 5 per Cents — Polish Donds, 3 per cents. New Tickets l5O 149% Anglo-Danish Loan, 3 per cents 72 ri, -/a Norwegian Loan of 1834, 4 per cents. Spanish, in piastres, 3 per Cents Cortes Loan, 5 per Cent lB% 17% Greek 4 per cents. 1833, guaranteed by France 92 91 EXCHANGES ON LONDON. flamsuaa, Nov. 29.-13 7 ; two months. 13 5%. STocanotm, Nov. 18.—Two months, 11 33. Lutpate, Nov. 25.—Two months, 6 1534. ST. PETEESUURGH, Nov. 18.—Three months, 10%. BaEMEN, Nov. 2g.—Two months, 697. BERLIN, Nov. 16.—Three months, 6. 213 . —.Hamburg Paters, Nov. 29. HALF-PAST ONE. We have received the following letter from Lisbon, of the 27th of November : " The Chiefs of the National Guards have had several meet ings, Senior Caldeira at their head, to concert a general field day, for the whole body to present an Address to the Queen, praying her to dismiss the Ministers, and to purge the Govern ment offices of disaffected persons. Some persons say that the idea has been given up, and the Government will volun tarily adept measures of severity to propitiate the populace, but I believe that to-morrow the meeting will take place. You may depend that fresh disturbances are at hand." Consols are not so good as in the morning, when they were 88 to 88i ; at present 871 for the Account. Reduced, 864; Exchequer Bills, 10 8 10 ; India Bonds, 7 10 ; Bank Stock, 2051 206 ; India Stock, 256. In the Foreign Market, there is little doing. Spanish Ac tive was done at 181 i; at present 181 a ; Portuguese, which was 444, have receded to 43+ ; Three per Cents., 271 28; Dutch Two-and-a-Half per Cents., 631. THREE 0' CL 0 GK. Consols for the Account, 871. At the recent registration of West Riding electors in s ddleworth, the Reformers put forty-eight new names on the list, and the Tories twenty-one only. The Reformers on the register in that district are stated to out-number the Tories in the proportion of very nearly two to one. The Rochdale Church steps are 121 in number, reported, and l ea d f rom the top of Packer-street to the churchyard. Lever, is who was with some show of truth, that Sir Ashton at a gallop ; a i a reckless horseman, once rode down them daring act, but certainly consistent with his character. M r . most Charles Hill, l a t e o f the Red Lion Inn, perform e d iug o nup b y any persons save Sir Rochdale, the i ie adventurous rider of the Rochdale Hunt, once called at t hasebeevaeun rode Flying Horse, at the bottom of this pass, from whence hethe steps to Manchester, his return. It is not known thatatids down this feat the Ashton and Mr. Hill.—Presto npaper. The phenomena of falling sta rs o ,..(Which was so beaegfoerrelyawnadtcalflteedr fothreinlvaatrhiooufa parts November) E urope, some days Holland, as well as in other places. prea vias observed in Deventer, has inserted an account in a literary de Heer, at which he states that, on the 12th of November, he in ember, he ob served 150 such stars. We understand that the Middlesex Reform Club °n have taken preliminary measures for hold i ng a meeting - the subject of the Peerage Reform. We believe that in the course of next week a similar meeting will be held in the borough of Marylebone. EXCHEQUER COURT.-(THIS DAY.) (Before the LORD CHIEF BARON and a Special Jury.) ASSAULT..--FRASER V. BERKELEY AND ANOTHER. Mr. TALBOT opened the pleading. The action was for a wanton and malicious assault. The defendants had pleaded " Not guilty," upon which issue was joined. Mr. ERLE s a id h e rose t o a dd ress th e J ury on b e half of the plaintiff, who was a bookseller and publisher, in Regent street, where he had carried on an extensive business and was amongst an exter4ve acquaintance. The defendants were of very high raM. They were descended from a Noble family—both of them held commissions in the army —both of them, he believed, also held the commission of the peace, and moved in the first society. From the rank of the parties, he had no doubt but many of those in the box would have heard of the subject which they were now met to consider ; but he was sure that men of their experience would not allow their minds to be affected by anything but the facts that wou ld b e th a t d a y l a id b e f ore th em . The plaintiff complained of an injury—of an outrage which he (Mr. E.) thought was never paralleled. It was hateful to him to be obliged to state the particulars of the atrocious conduct of the defendants, but his duty compelled him. So with that preface he would proceed to lay his case open to the Jury. On the 3d of August last the defendants, Mr. Grantley and Mr. Craven Berkeley, together with a third person, whom he could describe merely as a hired bully, went out, Mr. G. Berkeley being armed with a whip of a very peculiar and heavy description, to execute the work of revenge which they had planned. Whether by accident or design, they arrived at the shop of the plaintiff between 1 and 2 o'clock, a time when all the assistants were usually out, and when, as in the present case, Mr. F. was in the shop alone. The parties to this moment were entire strangers to each other ; they arrived at the shop, and it was important to look at the manner in which they disposed their forces. It would be proved that Mr. Craven Berkeley, on entering the shop, stationed himself just within the door-way, evidently for the purpose of preventing any one from entering to the assist ance of the plaintiff, and to prevent him from escaping ; the third person was stationed on the outside, evidently for a purpose in which the result would show he was very useful. Having in this manner taken possession of the plaintiff's shop, Mr. Grantley Bentley advanced to Mr. Fraser, and without any explanation, before he could complete any answer to a question, without one atom of notice, struck him a blow of such force as to knock the plaintiff down. It was necessary for him to pre mise that the two defendants were' men of remarkable stature and strength, while the plaintiff was a slenderly-made, weakly man. Mr. G. Berkeley having got him on the ground, and while he was endeavouring to rise, struck him down again, laid hold of his collar with his left hand, and with his right clenched fist beat him, about the head and face, while on the ground, as hard as his strength would allow. He then proceeded to take the heavy whip with which he was furnished ; it was described to him as one such as was, used by the rough-riders in the army while breaking-in horses. He took it first by the small end, and with the heavy, loaded end, struck the plaintiff, still on the ground, about the shoulders, back, and head, where the blows had done very considerable hurt—the whip was furnished at the handle with a quantity of wire, which cut through the flesh, and made many wounds upon the plaintiff's body and head. He was then in a state of stupor, but Mr. G. Berkeley took effectual means for awakening him from any transient matter of that kind. He took the whip, and with the lash struck the plaintiff over the face, the blows hav ing the effect of drawing blood from the temples down to the chin ; even the hands, which very naturally were put up to save the eyes, were laid open with the severe cut from the lash. It was not in human nature to stand and see such wanton cruelty practised on a human being. Mr. Fraser's cries had brought several spectators, round the shop—they were alarmed on seeing the whip used in such a cruel manner. One made an attempt to get in, but was knocked down by the bully who was stationed at the door. He got up again, and pushing aside the arms of that hired ruffian, who was then in the attitude of a boxer, he succeeded in effecting his entrance into the shop. He ar rested the arm of Mr. G. Berkeley for a time, which gave the plaintiff a moment of relief. The defendant, however, was not satiated with the feast of blood he had already got, but struggled violently to attack again the plaintiff. During this struggle Mr. Fraser, obeying the natural impulse of a man placed in such a situation, attempted to escape from what appeared to him to be his destruction. He made towards the door ; but there he was met by Mr. C. Berkeley, who pushed him back within the reach of his brother. He stood there and saw his brother take that opportunity which he had furnished him with, of taking further venge ance. He (Mr. Erle) was told that Mr. Craven Berkeley stood there calmly, and saw all those injuries inflicted which were turning sick the hearts of the passengers. He stood there calmly crying out " Damn him, give it him, give it him." During the time that advice was given, Mr. G. Berkeley had the opportunity of renewing theavack. Ile had disengaged himself from the gentleman who ad wane good his way into the shop, and who was to be called before the Jury as a witness. He seized the plaintiff by the collar, and immediately begun with the butt end of the whip, and struck him several severe blows before he was able to make his escape into the street. Mr. Grantley Berkeley pursued him to the street, and struck him again with the butt-end of the whip on the back of the head ;at the same time in almost characteristic language saying, " Damn you, I will beat your blasted head off." The plaintiff was now saved by the police, and the parties were taken off to a place where no further outrage could be committed. Mr. Fraser was most severely injured. He was taken to a me dical adviser, and was confined for several days to his bed. He attended to his nesessary duties for a few days, then went into the country for a time to recover his health, but to this day that was not established. It was for that most gross and wanton outrage he came before a Jury of his countrymen for reparation. When he saw his Learned Friend there to conduct a defence to this action, he wanted to know what could be pleaded as a justification for such conduct ?—and on looking' round he was informed that Mr. Grantley Berkeley had taken offence at some pub lication which had been sold by the plaintiff. Mr. Fraser was not the author of any of the articles in the work which bore his name. Most certainly he teas not the author of any thing which affected either of the two defend ants. Taking the law to be that booksellers and publishers were answerable for all they sold, would be stretching it to too great a length. They sold the works over their counter without knowing any thing at all about their con tents. Was it then to be considered as the smallest jus tification for Mr. G. Berkeley to go and punish so severely the man who sold the book, over the contents of which he had no control, and with the contents of which he was not in the slightest degree acquainted ? He would press that point particularly upon the attention of the jury. The plain tiff was not the author of the article which 'offended Mr. B. and he defied his Learned Friend to prove that Mr. G. Berkeley ever asked the name of the author. He saw his Learned Friend smile, and he understood that smile. It meant that he (iMr. E.) might safely defy them, because his Learned Friend would say they had put it out of . his power to prove anything, by making Mr. C. Berkeley a de fendant. But' it was impossible it could be otherwise, seeing his connection with the whole transaction. He was an ac tive party in the assault, and cheered his brother on. But for him, the assault could not have been so violent ; but for him, the passengers would have interfered, and put an end to it, long before it was done by the escape of the plaintiff. This was a most material aggravation of the offence. Then how could his Learned Friend use this as a topic by:which to lead the Jury astray from the real facts of the case. They would hear from his Lordship that this topic, in respect of any publication of which Mr. G. B. had to complain, that all this was perfectly extraneous to the present enquiry. They were to take the facts which occurred at the time of the assault ; and he trusted that his Learned Friend would not be allowed to go into all the extraneous matter which might be the subject of another action. Mr. G. B. might resort to the law, and make the plaintiff pay in damages for whatever he had done wrong against him. In fact, the Gentlemen of the Jury had heard from the notice the of ficer of the Court bad been instructed to give to the 12 gentlemen wbo were summoned to try the cause of Berkeley v. Fraser. They were desired not t o l eave t h e C ourt ; so that it was certain Mr. G. Berkeley had taken proceedings at law to recover damages for that of which he complained, and which he now said justified the assault. The defendants, therefore, ought not to go into those matters in the present instance, for it would in fact be saying to the Jury, " Oh, do not give the plaintiff da mages for this assault, because he offended me by a publica tion, and I should be allowed to beat him as I pleased." The Jury were to decide the case upon the facts which took place at the moment. They have no r i g ht t o t a k e into their consideration anything which was a matter of substantive enquiry. He was told also that it was now said that the plaintiff ought to have proceeded against the de fendants by way of indictment. He (Mr. E.) cou ld no t comprehend such doctrine. The plaintiff had in his person suffered a gross outrage ; he had suffered great indignity and wrong, and he came to that Court, before a Jury of his countrymen, to ask for redress by damages for that injury. Were thedefendandagtsamnowes in this to come is down and say, " Oh, do not give action, because the plaintiff should have proceeded against us as criminals." He might have been misinformed, but if that was pressed upon their attention, he was sure that would not prevent them from awarding ample compensation for a gross wrong, which had been committed by the plain tiff. The question would be (and it would be the only one) was the amount of damage they should award ; an d h e be lieved, in an action of this kind, they would be t o ld by th e Learned Judge that they had a right to give not only damages for the personal suffering, but they, in forming their esti mate of the damages, might take into consideration all the Ifurrounding and attendant circumstances—all the annoy-